USA > Missouri > A history of Missouri from the earliest explorations and settlements until the admission of the state into the union, Volume II > Part 41
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The purchase of Louisiana was, however, so decidedly pop- ular even in New England, that no effective opposition could be made to it. The people were pleased, and gave themselves no trouble to inquire whether the purchase was in violation of the Constitution or not. The present advantages to the purchase were great, apparent and undeniable. The evil of the unconstitutional course adopted to acquire the vast territory was remote, and per- haps imaginary. The territorial extent of the Union was doubled and forever strengthened in power, as Napoleon foresaw. Without this purchase it is hardly probable that the federation would have survived the constant and imperious demands of the west for an outlet to the Gulf, a necessity born of its geographical situation, and essen- tial to its prosperity.
It is thus that the territory now within the limits of Missouri was acquired.
CHAPTER XXI.
Retrocession of Louisiana to France, and Transfer to the United States - Official Correspondence Relating to Transfer - Instructions to Captain Stoddard, Agent for United States - Official Letters Between Stoddard and DeLassus - Instructions of DeLassus to Spanish Troops - Letters Demanding and Yielding Possession of Upper Louisiana - Proclamation by Governor DeLassus - Official Documents Certifying Transfer - Ceremonies Attending Change of Governments - Official Circular to Spanish Commandants - Ceremonies at New Madrid - Regret at Change of Government there - Satisfaction at Cape Girardeau - Riot at Mine à Breton - Trouble of DeLassus to Secure Transportation - Auguste Chouteau Builds Boats - Delay of Departure - Letter of Major Bruff - Spanish Forces Leave November 16, 1804 - Journal of DeLassus of Voyage down the River - At St. Genevieve - At Cape Girardeau - At New Madrid - Arrival at New Orleans January 18; 1805 - Proclamation of Captain Stoddard - Address to the People by Stoddard - A Proclamation Concerning Land Grants-Measures Taken Concerning Slaves and Militia.
Although by the treaty of St. Ildefonso, made October Ist, 1800, Louisiana was retroceded to France, the actual possession of the country remained in the hands of Spain until November 30, 1803. France, however, during this period, was represented in New Orleans by M. Laussat, observing events, yet assuming no actual authority. His powers were well known and understood by the Spanish Gover- nor, the Marquis de Casa Calvo and Don Juan Manuel de Salcedo, the Intendant, as well as by many of the leading men in the province. Although not publicly proclaimed, it seems to have been well under- stood that the actual possession of the province would soon be trans- ferred to France, perhaps on the arrival of French troops rumored to be on the way under the command of General Victor.1 It was during this period of the expected transfer of Louisiana to France, between October 1800, and 1803, that the negotiations for the acqui- sition of this territory by the United States were brought to a success- ful conclusion.
The treaty for the purchase was received in Washington, July 14, 1803, and President Jefferson without unnecessary delay called an
1 Moses Austin, then a resident of Mine à Breton, in 1801, seems to have known that negotiations had been completed for a transfer of the country, and he wrote James Richardson, Spanish deputy surveyor residing at St. Ferdi- nand, a confidential letter as to the matter, and how best to take advantage of the change of dominion, so as to increase the influence of the Americans. (See letter in the Archives of the Missouri Historical Society.)
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HISTORY OF MISSOURI
extra session of Congress for October 17th of that year, to secure its ratification; and after the treaty was ratified, M. Laudais, of the French embassy, at once proceeded to New Orleans to advise M. Laussat, arriving there November 23d. A few days subsequently, on November 30, 1803, France formally took possession of the province, as stipulated in the treaty of St. Ildefonso. France held possession of the country from November 30th to December 20th, and on that day M. Laussat as the representative of France trans- ferred the upper and lower Louisianas to the United States, rep- resented on that occasion by its Commissioners, Governor William Claiborne and Major-General James Wilkinson. The actual trans- fer of upper Louisiana, in which we are more particularly concerned, did not take place until some time afterward, and, in reference to this transfer, on January 12, 1804, M. Laussat addressed the follow- ing letter to Lieutenant-Governor Don Carlos DeLassus, then having his residence at St. Louis :
NEW ORLEANS, 21 Nivose year 12 (January1 2, 1804).
The Colonial Prefect, Commissioner of French Government, to M. DeHault DeLassus, Lieutenant-Governor of Illinois at St. Louis :
I have this day forwarded to Mr. Stoddard, Captain of Artillery in the United States army, and who is authorized to take possession of the territory and the establishments where you command for his Catholic Majesty, the fol- lowing documents :
First .- A letter, unsealed, from M. de Salcedo, and Marquis Casa Calvo, Commissioners of his Catholic Majesty, dated 31st day of December, last, which authorizes you to give possession of the post where you now command to the officer or agent that may be sent by me to receive it, in virtue of the treaty of St. Ildefonso, by which Louisiana was retroceded to the French Republic.
Second .- A letter written by me to Mr. Stoddard, which was approved by the Commissioners of the United States, who were sent here for the execution of the treaty of Paris by which France has ceded Louisiana to the United States. By said letter bearing this date, I transferred to said officer my power to receive from you in the name of the French Republic, the possession of that part of Louisiana over which you command, and I authorize him at the same time to keep possession for the United States.
Third .- Also another letter written by me this day to Mr. Pierre Chouteau, by which I give him all the necessary power to make, in concert with you, and for the Republic of France, an inventory and appraisement of the buildings and houses (except, however, the fortifications and works of defence) which belong to his Catholic Majesty in the country under your command, and possession of which must also be given to us.
Fourth .- Letters from the Commissioner of his Catholic Majesty, dated 2Ist December, also unsealed, and addressed to Don Pedro DeHault DeLassus, Commandant at New Bourbon, Don Francesco Vallé, Commandant at Ste. Genevieve, Don Louis Lorimier at Cape Girardeau, Don Juan La Vallée, Com- mandant at New Madrid. These letters are nearly similar to the letter that was sent you by the same Commissioners. I am ignorant whether your authority over these Commandants is such, that it would have been suffi- cient if I had transmitted you alone my dispositions, and that they would have conformed to these, but the distances are so great and mistakes would be so vexatious, that I concluded to write them also.
.
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INSTRUCTIONS
Fifth .- Send also to Captain Stoddard a separate circular to each of these Commandants.
I pray you, Sir, in all these changes of government to accept the different powers which I have announced to you so far as they concern the French Re- public, and I hope that you will graciously receive the persons who will present them to you.
I have the honor to salute you.
LAUSSAT.
A letter from the Marquis de Casa Calvo, the Governor, and Manuel de Salcedo, was included in this communication, as follows :
NEW ORLEANS, 30th December, 1803.
The King, our Sovereign, having determined to retrocede this province of Louisiana to the French Republic, according to the announcement in the royal order issued at Barcelona on the 15th of Ocotber, 1802, to that effect, and having also commissioned us to carry the same into effect by his subsequent royal order dated at Madrid on the 18th of January, 1803, we have put in execution the intentions of the sovereign by delivering up the Governorship of this place and the command of the province to the Colonial Prefect Pedro Clement Laussat, Commissioner of the French Republic, on the 30th day of November of the present year; and you are hereby requested to deliver up to the agent or officer of the said Prefect who may be authorized to receive from you the command of the post and its dependencies, now under the orders of your Excellency, as soon as he shall present himself before you, under the formalities of the inventory and valuation to be made by skilful persons in that post, upon oath to act with due impartiality, all the buildings which belong to the King not including the artillery and other munitions of war which must be remitted entire to this place.
Under the same formalities of the inventory the archives with the papers and documents which concern only the inhabitants of the district, and other property, shall be delivered, taking for the whole a receipt in order that there may always be evidence of what has been delivered upon our part to the French Republic and cause the same to appear on the general inventory.
We particularly enjoin upon your Excellency the punctual execution of the foregoing, of which you are authorized to avail yourself of all the means which may be found in the district under your charge.
THE MARQUIS DE CASA CALVO, MANUEL DE SALCEDO.
For Don Carlos DeLassus, Commander of the Illinois.
With these letters of the representatives of France and Spain Captain Stoddard also received the following instructions from Governor Claiborne, dated New Orleans, January 16, 1804 :
Sir: You will find, under the same cover with this, orders for the evacuation and surrender of the several military posts in upper Louisiana, which you will proceed to carry into execution in concert with the officers of Spain with all convenient dispatch.
You will perceive from the dispatches that you are to exercise two distinct functions, (1) As Commissioner and Agent on the part of France you are to demand and receive possession of the country from Spain, (2) As Agent of the United States you are to occupy and hold the several posts, territories and depen- dencies which have been transferred by France to the United States. This arrangement has been made by the French Commissioner to save the expensc and trouble of sending agents on the part of his government to these distant posts.
By the treaty between France and Spain the former will be obliged to account with the latter for the value of all public buildings which may be comprised in the
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HISTORY OF MISSOURI
cession of the several posts. On the subject, particularly, directions are trans- mitted by the French Commissioner in his instructions. He has not as we know made any provisions respecting any expenses which may possibly arise in mak- ing the valuations. It is to be understood that no expenses on that account are to be charged to the United States. We have been requested by the Commis- sioner on the part of France to give directions to our agents to attend particularly to her interests, and we ask you, therefore, to use your endeavors that a fair and just valuation be made of such public buildings and that you give particular injunctions to the officers who may be sent to take possession of the dependent posts.
Until some permanent regulations shall have been made by Congress for the government of the newly acquired province, all the functions, both civil and military, which have heretofore been exercised by the Spanish Comman- dants of posts and districts will devolve upon you and your subordinates who may be sent to take command of the separate posts. With this difference, however, that whereas under the Spanish government the civil and military functions were confounded and blended together, by you they must be kept carefully separate and distinct. To this end you will receive herewith a com- mission from His Excellency Governor Claiborne constituting you civil Com- mandant of St. Louis with instructions for your government and from the Commander-in-chief of the American troops your instructions and directions as to military affairs. Of the nature and full extent of your powers in these capacities we can not present you with ideas sufficiently defined and you must judge from such lights a you may be able to collect in the country itself from the examples of your predecessors, the Spanish Commandants, and most prudent discretion adapted to the situation and the circumstances of the country and its inhabitants. It interests us particularly to be notified early of the receipt of this dispatch, and you will therefore be pleased to acknowledge it as speedily as possible and by different routes.
Upon the receipt of these various dispatches Captain Stoddard advised Lieutenant-Governor DeLassus of the same, as follows:
KASKASKIA, 18th February, 1804.
Sir: I have just received by express from New Orleans a variety of dis- patches relative to the late retrocession of Louisiana. Those addressed to you and entrusted to my care by the French and Spanish commissioners, I do myself the honor to forward by a Sergeant of our army who is bound on business to Captain Lewis.
In a few days the troops under my command shall ascend the Mississippi in public boats. I shall proceed before them by land and concert with you the necessary arrangements before their arrival at St. Louis. The enclosed letter to Mr. Chouteau I should thank you to deliver to him.
Please accept the assurances of my respectful consideration.
AMOS STODDARD, Captain United States Artillerists, Agent and Com- missioner of the French Republic.
Charles DeHault DeLassus, Lieutenant-Governor Upper Louisiana.
To which letter DeLassus replied, as follows:
Sir: I received yesterday your letter of the 18th of this month with those entrusted to your care and which you had the kindness to send me, and which contained the orders of the Brigadiers and Commissioners of his Catholic Majesty for the retrocession of this colony to the French Republic, and the disposition of the French Prefect which authorizes you to receive possession of this part of Louisiana.
I hasten to reply to you by the same Sergeant of the United States Army by whom you had forwarded to me your dispatches and notify you that Mr. Louis Lorimier, Jr., is bearer of the necessary orders for each one of the commandants of the posts of this province, and which, joined with those delivered to them by
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FINAL ORDER
the said Commissioners, will sufficiently authorize them to receive the Com- missioners that you may deem proper to send to receive from them possession of the said posts, and as M. Laussat, Prefect, advises me that he has written to them also on the same subject, and if those letters are trusted to you and if you wish to avail yourself of the opportunity of Mr. Lorimier 2 to send such letters to them you can hand them over to him with confidence, and he is hereby directed to present himself to you for that object.
I am also informed by your letter that troops under your orders are about to march for this post; that you come ahead of them so that we may understand ourselves before their arrival. I shall have the honor to receive you, offering you in advance the most gracious reception which will be possible to bestow upon you in the name of the King, my sovereign.
I have handed Mr. Pierre Chouteau the letter that you had recommended to me. I shall be obliged to you if you make known to me in advance the date of your arrival and if you are coming by land or water.
I write you in French, being informed that the Spanish language is not understood by you. I have the honor, etc.,
CHARLES DEHAULT DELASSUS.
To Amos Stoddard, Captain United States Army, and Agent and Commis- sioner for the French Republic.
The dominion of Spain was now drawing to a close in upper Louisiana and Lieutenant-Governor DeLassus proposed that the occasion should be characterized by dignity and solemnity, and accordingly issued the following order to the detachment of the Stationary Regiment of Infantry of Louisiana quartered at St. Louis :
Regiment of Infantry of Louisiana stationed at St. Louis.
Order of the 23rd of February, 1804.
From this day forth all of this detachment, including the guard, shall keep themselves in full uniform and with strict regard to cleanliness, etc., so that all the garrison will be in readiness to take arms at the first verbal order through Sergeant Juan Robayna to evacuate the fort, with arms at the shoulder and knapsacks on the back.
Pursuant to this order none will absent himself from quarters either by day or night except those necessarily so, such as water-carriers, hostlers, etc., until the day of the delivery of these fortifications to the United States.
As all of this detachment is composed of individuals the major part of whom have been long in the service and know how to comport themselves in a praise- worthy manner, the Commandant expects that from the day of the transfer and afterwards until we take up the line of march to embody ourselves with our countrymen each man will so conduct himself to uphold the reputation of the Spanish troops so justly acquired and extolled for ages past, and I flatter myself that during the time they remain at this post their conduct will be such as to earn for themselves the respect and esteem of the American troops.
At the moment when the United States Commandant will enter this gov- ernment house to receive possession he will be saluted from the fort by a salvo from all the cannon that are mounted and in battery. This will be carried into execution by a signal from a soldier stationed for the purpose at the corner of the gallery of the house, by waiving his hat to the sentinel at the fort, when the firing will commence, taking good care that there will be a regular interval of time between each successive discharge.
CARLOS DEHAULT DELASSUS.
Within two days after the promulgation of this order the American troops arrived from Kaskaskia and landed near Cahokia, opposite
? A son of Don Louis Lorimier.
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HISTORY OF MISSOURI
St. Louis, where they encamped for several days, awaiting comple- tion of the final arrangements for the transfer of the territory.
On the 25th day, Captain Stoddard addressed DeLassus as follows :
ST. LOUIS, 25th February, 1804.
Sir: The Colonial Prefect Mr. Laussat, Agent and Commissioner of the French Republic, by an instrument under his hand directed to me, bearing date at New Orleans the 12th day of January, 1804, has been pleased in con- sequence of the authority with which he is invested to appoint me sole Agent and Commissioner on the part of the said Republic with plenary powers to demand and receive in the name of his nation the quiet and peaceable possession of upper Louisiana, together with all the military posts at St. Louis and its dependencies from his Catholic Majesty's Lieutenant-Governor Commandants agreeable to the late treaty of retrocession, and I do by these presents demand the quiet and peaceable delivery in due form, of the said territory, posts and dependencies accordingly.
Accept the assurances of my respectful consideration.
AMOS STODDARD,
Captain Corps of the United States Artillerists and Agent and Commissioner of the French Republic.
Colonel Charles DeHault DeLassus,
Lieutenant Governor of Upper Louisiana.
And to which DeLassus replied :
ST. LOUIS OF ILLINOIS, February 25, 1804.
Sir: As the terms of the letter which I have the honor to receive from you accord entirely with those of the Brigadiers of his Catholic Majesty, dated New Orleans, December 31, 1803, and are also in accordance with the requisi- tion of M. Pierre Clement Laussat, dated New Orleans, January 12, 1804, and which contained the documents that had been sent to you, and which you had the kindness to forward to me from Kaskaskia on the 18th and which I received on the 19th of the present month, in virtue of their contents I have made the necessary arrangements to give you possession of upper Louisiana.
I am ready to give you possession of this province on the day and hour you may name in the most authentic form as the circumstances and nature of the country will permit.
I have the honor to be, etc.,
Mr. Amos Stoddard, St. Louis.
CHARLES DEHAULT DELASSUS.
Finally, on March 9, 1804, the American troops under command of Lieutenant Worrell,3 acting as Adjutant for Captain Stoddard, and also accompanied by Captain Merriwether Lewis, already in St. Louis, and making preparation under orders of President Jeffer- son to explore the utmost limits of the country from the Mississippi to the Pacific, were brought across the river. After being transferred they marched to the Government House, located on what is now the corner of Walnut and Main streets, where Captain Stoddard in his representative capacity as Agent of the French Republic and also of the United States, was received with due ceremony by Lieutenant- Governor DeLassus in the presence of the citizens of the village,
3Lieutenant Stephen Worrell, Second Regiment U. S. Artillerists.
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UPPER LOUISIANA SURRENDERED
nearly all of them being assembled in the street in front of the build- ing. Governor DeLassus then issued this brief proclamation :
"Inhabitants of upper Louisiana : By the King's command, I am about to deliver up this post and its dependencies; the flag under which you have been protected for a period of nearly thirty-six years is to be withdrawn. From this moment you are released from the oath of fidelity you took to support it. The fidelity and courage with which you have guarded and defended it will never be forgotten, and in the character of representative I entertain the most sincere wishes for your perfect prosperity."
The following official document, testifying to the transfer of the upper Louisianas was then duly executed :
" In consequence of a letter sent from New Orleans on the 24th of December of last year by the Marquis de Casa Calvo and Don Juan Manuel de Salcedo,
THE GOVERNMENT HOUSE 1804 -WHERE UPPER LOUISIANA WAS SUR- RENDERED. FROM A PICTURE BELONGING TO MR. PIERRE CHOUTEAU
Brigadier-Generals of the Royal Army and Commissioners of his Catholic Majesty, for the transfer of the colony and province of Louisiana to the French Republic, addressed to Don Carlos DeHault DeLassus, Colonel in the same army, Lieu- tenant-Governor of upper Louisiana and Commissioner appointed by the said Casa Calvo and de Salcedo, for its transfer according to the contents of the said letter they require him to give full and entire possession of said upper Louisiana, including the military posts of St. Louis and its dependencies, to Clement Laussat, appointed by the French Republic to take possession of the said colony and province of Louisiana, or any other person which may have been named to that effect, according to the treaty of cession, and as by letter also sent from New Orleans dated 12th January of the current year, the said Commissioner of the French Republic appoints, constitutes and nominates as sole agent and commissioner in behalf of his nation, Amos Stoddard, Captain of Artillery of United States Army, for the purpose of demanding and receiving said upper
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HISTORY OF MISSOURI
Louisiana, comprehending the said military posts of St. Louis and its dependen- cies in virtue of the respective powers which are explained above;
Now, be it known by these presents, the above Don Carlos DeHault DeLassus, in quality of Lieutenant-governor of the same at the requirement duly made of him by the said Amos Stoddard, Agent and Commissioner of the French Republic, has delivered the full possession, sovereignty and government of the said upper Louisiana, with all its military posts, quarters and fortifications thereto belonging or dependent thereto; and I, Amos Stoddard, Commissioner, as such do acknowl- edge to have received the said possession on the same terms already mentioned of which I acknowledge myself satisfied and possessed of on this day.
In testimony whereof, the aforesaid Lieutenant-Governor and myself have respectively signed these presents, sealed with the seal of our arms, being assisted with the witnesses signed below of which proceedings six copies have been made out, to wit, three in the Spanish and the other three in the English language.
Given in the town of St. Louis of Illinois, 9th of March, 1804.
AMOS STODDARD. (Seal)
CARLOS DEHAULT DELASSUS. (Seal)
In presence of
Merriwether Lewis, Captain Ist United States Regiment Infantry. Antoine Soulard, Surveyor General, etc.
Charles Gratiot."
After these official documents transferring the territory had been duly signed Governor DeLassus thus addressed Captain Stoddard as Agent and Commissioner of the French Republic :
"Sir: In the King my master's name, I now salute you as the Commissioner of the French Republic, and permit me to congratulate the United States of America on the purchase they have made of this fine and rich territory. I have the honor of presenting you the officers of his Majesty, together with some of the most respectable inhabitants of his capital who on every occasion manifested their zeal and fidelity to the Spanish Government, but are now ready to receive the new laws under which they are about to reside."
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